Worker

Employer

Anonymised Parties

An Agency Worker

An Employment Agency

Representatives

Catherine Fitzsimons-Belgaid

Barbara Johnston

Act

Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969

CA-00054693-001

19th of November 2021

The Worker was employed by the Employer on an if and when basis.

Upon starting for the Employer, he was immediately placed with a third party hirer. His period of employment was from 29th March to 26th of May 2021.

The Worker alleges he was unfairly dismissed from the Employers service.

A remote hearing was held to investigate this trade dispute.

The Worker sought out the role he was placed in because it was advertised as a Monday to Friday role. The Worker is a single parent who cares for his child on weekends and as such cannot work weekends.

The Worker alleges that he was discriminated against by the Employer and the hirer because he could not take on overtime. Each week he was asked to work weekends and was not able to do so. The Complaint argues that he was harassed by the hirer and Employer over this issue and was ultimately let go by the hirer as a result of his stance.

After about 9 weeks in the role, on the 26th of May 2021, the Worker was called into the office at the hirer’s warehouse. The Worker was told he was being let go because he wouldn’t do overtime. He was escorted from the premise in a very public and humiliating fashion.

The Worker accepted that he had been offered an alternative posting immediately by the Employer with one of their other client warehouses but that he felt very let down by the Employer who had let him be treated terribly by the hirer. He felt he could not continue working with them.

The Employer submits that they breached no obligation to the Worker and that he resigned from their service.

They were unaware of the issues that the Worker says he was having with the hirer. The Employer had posted 25 workers to the hirer. They were obliged to send a group text to all of their workers to let them know of overtime opportunities. When the Worker expressed frustration over receiving these texts the relevant account manager was clear that there was no obligation on him to take up the offer, all the Worker had to respond was that he did not want to do the overtime.

Text messages demonstrate the collegiate and respectful tone of the account manager who would respond “no problem (thumbs up)” each time the Worker said he didn’t want to do overtime and was clear that it was optional and that family is more important that work.

The Employer was aware from the Worker that he was having issues with his supervisor and had committed to follow up with the hirer to see if it could be resolved however the hirer stopped inviting the Worker back a week later.

When the hirer sent the Worker home the Employer notified him that he had work available for him immediately with another client starting the next day.  The Worker turned down this offer and the employment relationship ended by way of his resignation.

In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties.

The Worker was an if and when agency worker. He was not invited back by the hirer who he was assigned to. The Employer immediately offered him an alternative posting which he declined.

While I think the Worker does feel genuinely let down by the Employer I do not believe he gave the Employer any  real opportunity to resolve the issues he had with them.

He resigned when there were clear alternatives available to him after only a few weeks service with the Employer. 

Resignation, Agency Worker